Why we cant have nice things

[gb7FRz26]

They did not make you whole, which is the duty of insurance. But it definitely seems we are all made about 80% whole after something like this and never 100%. "The house always wins" insurance is the house.

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[dadrew]

Rear dashcam for the win! I need to add one to the rear on mine. Have one up front but this is just as handy

glad to hear you and your wife are doing okay! The truck can be fixed

 

[dadrew]

I carry max coverage just for this

I went back and double checked my insurance policy to see that I maxed out the uninsured and underinsured drivers out there

shocking how many people have insurance but not the correct amount

 

[Rockman5159]

Went out into the city for Dinner tonight and got rear ended. Complete stop at a red-light and get blasted from behind by a crackhead in a jeep. Not even joking about the crackhead part. Bedside destroyed as well as Rear bumper. Hopefully the frames okay. Going to take to body shop on Monday. Trucks the easy part. Wife's back is hurting pretty bad so we wil see how this goes.

hope you wife gets better.Thats a pretty hard hit !

 

[Zig10]

The diminished value claim is real and easily followed up. I got rear-ended in my old 2016 GMC years ago and pushed clear across an intersection by a lady doing over 50 that never looked up from her phone until after the airbags went off (watched her in the mirror the whole way).

Got into it with her insurance company and pushed for DV. Threatened court, and they settled based on what I came up with based on equal internet searches. Wasn't a ton because the truck was older, but $2500 is still $2500.

Hope you and your wife are doing ok.

Good luck.

 

[belairbrian]

I witnessed a similar accident. A truck came flying past me and hit the car so hard the trunk complrly collapsed to the back window. Driver's back was broken in 5 places. Luckily the car seat in the back was empty.

When police arrived it wen like this:
Q Did you see him driving the truck?
A No, but I saw him fall out of the driver's door (along with a pile of beer cans).
Q was anyone else in the truck?
A No just him.

Off to jail he went. Found out later it was his 4th DUI.

Hope your wife is better soon. My wife and daughter had someone turn in front of them a couple years back. Totalled her car. But other than being soar and some airbag burns they were OK.
Other driver was in a hurry to get to McDonald's and take her kid to a soccer game.

 

[Fordphanatic]

I got the initial estimate back today from my insurance company to fix my truck. $6,641. They quoted to use All genuine Ford parts for repair. I take it in next Monday to have the repair started. I am going through my own insurance, and they can fight it out with other owners' insurance. As long as the other guy's insurance is valid my rates won't go up. If he turns out to be actually uninsured then I guess, I'll end up paying in the end. WTF what a mess.

 

[gb7FRz26]

If he turns out to be actually uninsured then I guess, I'll end up paying in the end.

Was curious if there'd be any recourse or way to be made whole, so I did a hypothetical with one of my favorite AI sites. It said (for TX, not PA):

If you are hit by an uninsured driver in Texas and your insurance company pays for your vehicle repairs under your insured claim with uninsured/underinsured motorist coverage, your insurance rates will typically increase for about 3 to 5 years after the accident.
Regarding suing the at-fault uninsured driver for increased insurance costs and diminished value:

• Suing for increased insurance premiums: Texas law allows you to pursue a lawsuit against the at-fault driver for your damages, which can include the extra amount you pay in insurance premiums caused by the accident. However, proving and quantifying this in court can be complex, and the increase is considered a consequential damage related to the accident.
• Diminished value claims: Insurance companies generally do not pay diminished value claims on your own policy after a repair, but you may be able to file a claim against the at-fault party for the diminished market value of your car. Your insurer might provide a written statement estimating the diminished value that you can use in such a claim.
• Handling these claims in court: If the amount is within monetary limits for your local small claims court (usually a few thousand dollars), you could pursue the diminished value and increased insurance premium costs there. For larger claims, you may need to file in a higher court.

My prompt was:

Hypothetical scenario. I'm in Texas. I'm driving my 2021 vehicle and get hit by another driver. I'm fully insured including under/uninsured motorist, and the other driver has no insurance. The other driver is 100% at fault, the police and my insurance have both agreed to this. My insurance pays out to get my vehicle fixed, but then my insurance rates go up. This is where my questions come in:
How long will the rates go up, typically?
Am I able to sue the person that hit me for the extra amount I will be paying in insurance for that term? Who pays diminished value? I'm under the assumption my insurance will not pay a diminished value claim, but they may be able to provide a written statement attesting to how much it would be diminished by so that I could include that in the suit against the party that hit me. Would this be handled in small claims court?

 

[dochawk]

As a retired attorney (yes, damnit, even if I keep giving in and helping old clients!), a couple of comments,

1) It is the DA (PA in PA, iirc), not the cops, that actually file the criminal case, even though the suspect is held over for such by the police. Give them the dash cam, etc. They can prosecute whether or not the police do.

2) Get your wife an attorney, but . . .

Call Morgan & Morgan Now !!

No! Do *not* go to an attorney that advertises on television!

Once tied in with those contracts, the entire economics change. Rather than "get the best possible settlement, and go to trial if it isn't enough", the economics is "churn and get a settlement ASAP", and make up for lower settlements in volume.

[OK, I'm also an economics professor]

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